§Why CasetextPricing

Ma v. Uscis Director

MOTION for Summary Judgment and Opposition to Plaintiff's Motion for Summary Judgment

37 Cited authorities

  1. Chevron U.S.A. v. Natural Res. Def. Council

    467 U.S. 837 (1984)   Cited 16,020 times   502 Legal Analyses
    Holding that courts "must give effect to the unambiguously expressed intent of Congress"

  2. Motor Vehicle Manufacturers Assoc. of the United States, Inc. v. State Farm Mutual Auto. Ins. Co.

    463 U.S. 29 (1983)   Cited 6,634 times   50 Legal Analyses
    Holding that " `settled course of behavior embodies the agency's informed judgment that, by pursuing that course, it will carry out the policies [of applicable statutes or regulations]'"

  3. United States v. Mead Corp.

    533 U.S. 218 (2001)   Cited 2,593 times   29 Legal Analyses
    Holding that a Customs classification ruling "has no claim to judicial deference under Chevron " but can "claim respect according to its persuasiveness"

  4. Food & Drug Administration v. Brown & Williamson Tobacco Corp.

    529 U.S. 120 (2000)   Cited 1,506 times   40 Legal Analyses
    Holding that Congress had not yet empowered the FDA to regulate tobacco products

  5. Thomas Jefferson Univ. v. Shalala

    512 U.S. 504 (1994)   Cited 1,276 times   5 Legal Analyses
    Holding that "the agency’s interpretation must be given controlling weight unless it is plainly erroneous or inconsistent with the regulation"

  6. Camp v. Pitts

    411 U.S. 138 (1973)   Cited 1,962 times   1 Legal Analyses
    Holding that "the focal point for judicial review" of whether agency action is arbitrary and capricious "should be the administrative record already in existence, not some new record made initially in the reviewing court"

  7. Good Samaritan Hosp. v. Shalala

    508 U.S. 402 (1993)   Cited 355 times
    Holding that "the consistency of an agency's position is a factor in assessing the weight that position is due" and that "agency interpretation of a relevant provision which conflicts with the agency's earlier interpretation is entitled to considerably less deference than a consistently held agency view."

  8. Lands Council v. Powell

    395 F.3d 1019 (9th Cir. 2004)   Cited 475 times   1 Legal Analyses
    Holding that reliance on 13–year–old habitat studies was arbitrary and capricious

  9. Sierra Club v. Mainella

    459 F. Supp. 2d 76 (D.D.C. 2006)   Cited 351 times
    Holding agency failed to take a hard look at environmental impacts “as evidenced by the lack of explanations supporting its conclusions”

  10. Occidental Engineering Co. v. I.N.S.

    753 F.2d 766 (9th Cir. 1985)   Cited 643 times
    Finding that plaintiff's editing role was not equivalent to a specialty occupation because he did not supervise journalists

  11. Rule 56 - Summary Judgment

    Fed. R. Civ. P. 56   Cited 328,775 times   158 Legal Analyses
    Holding a party may move for summary judgment on any part of any claim or defense in the lawsuit

  12. Section 706 - Scope of review

    5 U.S.C. § 706   Cited 20,443 times   184 Legal Analyses
    Granting courts jurisdiction to "compel agency action unlawfully held or unreasonably delayed"

  13. Section 1182 - Inadmissible aliens

    8 U.S.C. § 1182   Cited 9,714 times   66 Legal Analyses
    Holding deportable aliens who have been convicted of "crimes involving moral turpitude"

  14. Section 1227 - Deportable aliens

    8 U.S.C. § 1227   Cited 7,882 times   40 Legal Analyses
    Granting this discretion to the Attorney General

  15. Section 553 - Rule making

    5 U.S.C. § 553   Cited 4,090 times   145 Legal Analyses
    Exempting "interpretative rules," among other things, from the notice-and-comment requirement

  16. Section 1153 - Allocation of immigrant visas

    8 U.S.C. § 1153   Cited 1,161 times   10 Legal Analyses
    Determining an applicant's age as " the age of the alien on the date on which an immigrant visa number becomes available for such alien . . . but only if the alien has sought to acquire the status of an alien lawfully admitted for permanent residence within one year of such availability; reduced by (B) the number of days in the period during which the applicable petition . . . was pending"

  17. Section 1154 - Procedure for granting immigrant status

    8 U.S.C. § 1154   Cited 1,095 times   1 Legal Analyses
    Granting immigrant status

  18. Section 1103 - Powers and duties of the Secretary, the Under Secretary, and the Attorney General

    8 U.S.C. § 1103   Cited 818 times   4 Legal Analyses
    Granting the Attorney General power to "establish such regulations" and "review . . . administrative determinations in immigration proceedings"

  19. Section 1361 - Burden of proof upon alien

    8 U.S.C. § 1361   Cited 317 times
    Providing that the burden of proof to show time, place, and manner of entry into the United States shifts to the alien once alienage is established

  20. Section 1155 - Revocation of approval of petitions; effective date

    8 U.S.C. § 1155   Cited 212 times   1 Legal Analyses
    Granting the Secretary of Homeland Security the authority to revoke visa status petitions

  21. Section 204.1 - General information about immediate relative and family-sponsored petitions

    8 C.F.R. § 204.1   Cited 258 times
    Delimiting jurisdiction over immediate relative and family-sponsored visa petitions

  22. Section 205.1 - Automatic revocation

    8 C.F.R. § 205.1   Cited 93 times
    Clarifying that termination is automatic